Sign in
Menu
These Terms and Conditions ("Terms") govern your use of the BeeSTAR website at beestar.com.au and its subdomains (the "Website"), the BeeSTAR app, the BeeSTAR sensor system and related online services (together with the Website, the "Services"). They apply between you and BeeSTAR Technology Pty Ltd (ACN 657 715 136) ("BeeSTAR", "we", "us", "our").
By accessing the Website, creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" means that organisation.
Commercial terms are separate. Pricing, payment, subscription periods, hardware supply and return, service levels and other commercial matters are set out in a separate written agreement between you and BeeSTAR, such as a service agreement, trial agreement or order form ("Agreement"). These Terms do not cover those matters. If these Terms and an Agreement conflict, the Agreement prevails.
You must be at least 18 years old to use the Services.
You must give accurate information when you register and keep it up to date. You are responsible for all activity under your account and for keeping your login details secure. Tell us promptly if you believe your account has been accessed without authorisation.
Where an organisation administers your account, that organisation controls your access and the data recorded under it.
We grant you a non exclusive, non transferable licence to use the Services for monitoring and managing hives, apiaries and pollination activity in your own operation, or for clients you are authorised to act for. The licence lasts for as long as you have an active account under an Agreement, or, for the Website, for as long as you comply with these Terms.
You must not:
Where Hardware is supplied under an Agreement, ownership, delivery, installation, maintenance and return are governed by that Agreement. Unless the Agreement says otherwise, Hardware remains the property of BeeSTAR.
Regardless of the Agreement, you must use Hardware as documented and must not modify, tamper with or reverse engineer it.
We aim to keep the Services available continuously, but we do not guarantee uninterrupted access. Availability depends on power and network connectivity at your site, satellite or cellular coverage, third party providers, maintenance and environmental conditions. Sensor readings may be delayed, incomplete or unavailable for these reasons.
We may change, add to or discontinue features of the Services. Where a change materially reduces the Services you receive under an Agreement, we will give you reasonable notice.
Your Farm Data and Personal Information are handled under our Privacy Policy, which forms part of these Terms. The key points are:
We are certified under the National Farm Data Code.
The Services provide monitoring data, alerts, indicators and reports based on sensor readings and the records you enter. They are tools to support your decisions. They are not a substitute for physical hive inspection, professional beekeeping judgement, veterinary or agronomic advice, or compliance with biosecurity and regulatory requirements.
Readings, thresholds and indicators may be affected by sensor placement, hive configuration, connectivity and environmental conditions. You remain responsible for decisions about your hives, your crops and your business, and for meeting your legal obligations.
The Services, Hardware design, software, documentation, trademarks, content on the Website and all related intellectual property belong to BeeSTAR or our licensors. Nothing in these Terms transfers ownership to you.
You may view and print Website content for your own reference. You must not reproduce, publish or commercially use it without our written consent.
If you give us feedback or suggestions, we may use them without any obligation to you.
Each party will keep the other's confidential information confidential and use it only for the purposes of these Terms or an Agreement. This does not apply to information that is public, already known to the recipient, independently developed, or required to be disclosed by law.
The Services may link to or connect with third party websites, platforms, networks or products. We do not control them and are not responsible for them. Their own terms apply to your use of them.
We may suspend or end your access to the Services if:
We will limit any suspension to what is necessary, tell you the reason where the law allows, and restore access once the issue is resolved.
You may stop using the Services and ask us to close your account at any time. Ending an Agreement is governed by that Agreement.
When your access ends, the Privacy Policy sets out how long your data is kept and how you can export it. Sections 7, 8, 9, 10, 14, 15 and 16 continue to apply after your access ends.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. For major failures with goods, you are entitled to a replacement or refund and to compensation for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have it fixed in a reasonable time or, if that is not done, to a refund for goods or to cancel the contract for services.
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.
To the extent permitted by law, and subject to section 13:
These limits do not apply to liability for death or personal injury caused by negligence, fraud, wilful misconduct, breach of confidentiality, infringement of the other party's intellectual property, or any liability that cannot be limited by law.
Where the Australian Consumer Law applies and permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of resupply, or to replacing or repairing the goods or paying the cost of doing so.
You indemnify us against loss, damage and cost arising from a third party claim caused by your breach of law, your breach of section 4, or data you provide to us that you did not have the right to provide.
We indemnify you against loss, damage and cost arising from a third party claim that the Services, when used in accordance with these Terms, infringe that party's intellectual property rights.
If a dispute arises, either party may give the other written notice of it, and senior representatives of each party will meet within 14 days to try to resolve it.
If the dispute is not resolved within 30 days of the notice, it will be referred to arbitration administered by the Australian Centre for International Commercial Arbitration under its rules, with the seat of arbitration in Brisbane, Queensland, conducted in English by a single arbitrator.
To the extent permitted by law, each party agrees to resolve disputes on an individual basis and not as a plaintiff or class member in any class or representative proceeding.
Nothing in this section prevents either party from seeking urgent injunctive relief from a court, prevents you from bringing a claim in a small claims court or tribunal with jurisdiction, or limits your rights under the Australian Consumer Law or other consumer protection laws that cannot be excluded.
Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including natural disaster, extreme weather, fire, flood, pandemic, network or power failure, or government action.
We may update these Terms from time to time. The current version, with its effective date, is always on the Website. If a change is material, we will notify active account holders by email or in the app at least 30 days before it takes effect. Continued use of the Services after the effective date means you accept the updated Terms. If you do not accept a material change, you may stop using the Services and close your account.
BeeSTAR Technology Pty Ltd
Level 17, 144 Edward Street
Brisbane City QLD 4000, Australia
Email: info@beestar.com.au